Abusers Of Elderly Face Few Penalties

The war over health care

That Could Change If The Governor Gets His Way During This Week's Special Legislative Session On Health-care Reform.

June 5, 1994|By Linda Kleindienst Tallahassee Bureau

TALLAHASSEE — It's a crime how many people get away with abusing the elderly, experts say. This week, Florida lawmakers will be asked to do something about it.

A crackdown on abusers is included in Gov. Lawton Chiles' agenda for the special session on health-care reform that starts Tuesday. Even though the state receives more than 20,000 complaints against relatives and caregivers each year, few are charged.

''If you kill an older person through abuse, the worst you can now be charged with is a misdemeanor,'' said Bentley Lipscomb, secretary of the Florida Department of Elder Affairs.

The package lawmakers will consider includes a transfer of Adult Protective Services from the state Department of Health and Rehabilitative Services to Elder Affairs. The bill strengthens penalties, classifying some abuse as a felony and allowing manslaughter or murder charges to be filed in cases where negligence or abuse has led to death.

The proposal also allows testimony that abuse has occurred, instead of forcing investigators to rely only on marks and bruises left on a person's body. And investigations would be allowed even when a victim objects.

Authorities also would gain greater authority to help elderly people living alone.

Barbara Doran, an Elder Affairs spokeswoman, recalled a case in which an older woman was living in a filthy house with a group of dogs and two dead puppies. ''The animals could get help faster than the woman,'' Doran said.

Before lawmakers go home June 13, they also will be asked to:

Rewrite a bill guaranteeing parents the right to discipline their children without state interference. Chiles vetoed the ''spanking law'' passed earlier this year, saying it did not adequately guard against child abuse.

Authorize spending trust money earmarked to build new schools for construction of two juvenile justice academies authorized during the Legislature's spring session.

Find operating dollars for new prison beds that are expected to open ahead of schedule.

Legislators also may try to modify a new law that allows the state to sue tobacco companies for recovery of Medicaid dollars paid to treat poor Floridians with smoking-related illnesses.

Business leaders worry that other products might fall under the law. Chiles has indicated he might consider limiting the measure to tobacco companies.

The matter cannot be considered without a two-thirds vote of both the House and the Senate, however, since Chiles excluded it from the lawmaking agenda.